Digital Commons Network^™

Advisory Committee On The Federal Rules Of Evidence: Tending To The Past And Pretending For The Future?, Paul R. Rice

UC Law Journal

This Article characterizes the history of the Advisory Committee on the Federal Rules of Evidence as disappointing. It argues that too often, over too long a period of time, the Advisory Committee has neglected its stewardship responsibilities and the blatant inadequacies of the codified evidence rules. As a consequence, significant problems have gone unattended as the Committee waits to see if the judges can solve the problems their rules have created.

The article notes that some concepts created in the codified evidence rules have proven to be problematic, if not completely inadequate, but there has been no willingness to re-examine …

Analyzing "The Politics Of (Evidence) Rulemaking", Eileen A. Scallen

UC Law Journal

The creation and interpretation of evidence rules is a burgeoning area for evidence scholarship. Recent changes to federal evidence law, such as the addition of rules on the admissibility of a defendant's prior sexual conduct, and the amendments to the rules regarding expert testimony, have highlighted the political and controversial aspects of procedural rulemaking. Professor Scallen, Chair of the Evidence Section of the American Association of Law Schools, was responsible for organizing the panel on "The Politics of [Evidence] Rulemaking." The panel addressed the following questions: who should make the evidence rules-the judiciary, the legislature, the executive? What role should …

After Orange County: Reforming California Municipal Bankruptcy Law, Frederick Tung

UC Law Journal

Because of federal Constitutional concerns, a municipal entity may resort to federal bankruptcy protection only with the authorization of its state. Federal law requires that a municipality be "specifically authorized" under state law to file for bankruptcy protection. Existing California law provides fairly broad authorization for its municipalities, but the statute is in need of both technical and substantive revision. After discussing Constitutional concerns and surveying other states' approaches to municipal bankruptcy authorization, this Article recommends a system of discretionary access, in which the governor holds discretionary power to approve, disapprove, or condition a municipality's access to bankruptcy.

Is There A Constitutional Right To Clone, Cass R. Sunstein

UC Law Journal

Recent scientific innovations, and proposed legislation have raised - questions about the nature of the constitutional right to reproductive freedom, and in particular about whether there is a constitutional "right to clone." This Essay urges that as a matter of substantive due process, rationality review is probably appropriate, and that restrictions on both reproductive and therapeutic cloning would and should survive constitutional scrutiny. At the same time, many of the arguments for banning both forms of cloning are based on ignorance, myths, and speculation. It is extremely important to distinguish between reproductive and nonreproductive cloning, and it is equally important …

What's So Strange About Human Cloning, Radhika Rao

UC Law Journal

In this Essay, Professor Radhika Rao, explores three reasons for the popular repugnance toward human cloning and their consequences for the question whether or not there is a constitutional right to clone a human being. She argues that, although the impulse to ban human cloning may stem from the wrong reasons, human cloning may still be banned for the right reasons.

Cloning And Government Regulation, Hank Greely

UC Law Journal

No abstract provided.

Human Cloning: Myths, Medical Benefits And Constitutional Rights, Mark D. Eibert

UC Law Journal

No abstract provided.

Cloning, Science And Public Policy, Deborah Ortiz

UC Law Journal

No abstract provided.

Cloning And Commodification, Margaret Jane Radin

UC Law Journal

No abstract provided.

Cloning And Federalism, Ashutosh Bhagwat

UC Law Journal

No abstract provided.

The Role Of A Supreme Court In A Democracy, Aharon Barak

UC Law Journal

The President of the Supreme Court of Israel, in his 2001 Justice Matthew 0. Tobriner Memorial Lecture, presents his reflections on the inevitable judicial lawmaking on part of the courts of last resort. According to President Barak, the weighing and balancing of conflicting values in such lawmaking should be a rational process, and objective, in the sense of reflecting deep values of the society. Every judicial decision should, moreover, fit the tradition of the legal system, as well as the general structure of the institutional-governmental systems of the society. Finally, President Barak calls on judges to be open-minded and aware …

Mandating Effective Treatment For Drug Offenders, Lisa Rosenblum

UC Law Journal

Drug offense recidivism continues to plague our overburdened criminal justice system. Increases in sentencing and incarceration rates have done little to mitigate the problem. Given the unique nature of chemical addiction, traditional penal measures have been ineffective in deterring repeat offenders. Noting the failure of incarceration, this Note proposes that treatment and rehabilitation of drug offenders are more appropriate means of reducing illegal drug use. More specifically, this Note considers as models Arizona and California Acts that mandate substituting court-supervised drug treatment and education programs for incarceration. In advancing the rehabilitative ideal, these Acts have been more successful than previous …

Due Process, Rule 23, And Hybrid Classes: A Practical Solution, Robert M. Brava-Partain

UC Law Journal

Courts and litigants alike face unique challenges when confronted with a class seeking both legal and equitable relief, a so-called hybrid class. Typically, these types of classes raise Due Process, Seventh Amendment and rule-based concerns that are not easily managed. The Supreme Court has declined to decide the issue directly and Circuit Court cases have been less than consistent. The author pieces together the various ways that courts have dealt with hybrid classes and proposes an approach that will meet the needs of both litigants and judges.

Expanding The Study And Understanding Of Psychological Control, Brian K. Barber, Roy A. Bean, Lance D. Erickson

Faculty Publications

The two central purposes of this volume are to review the historical, conceptual, and empirical literatures on parental psychological control and to advance the rapidly growing scientific literature Ono this aspect of the parent-child relationship. Chapter 2 addressed the first task with a review of published material that has specifically investigated psychological control or variables that are conceptually similar to it. From this review of the historical conceptualizations of parental psychological control, we concluded that psychological control is a psychologically oriented, intrusive, constraining, and manipulating form of parental control in which parents appear to maintain their own psychological status at …

What Do The Objects In Your Home Say About You? : An Analysis Of Artifacts In The Home And Their Effect On Communication, Wendy A. Opsahl

Theses and Dissertations

No abstract provided.

Bloat, And Other Stories, Isaac John Turner

Theses and Dissertations

No abstract provided.

Contact Experiences And Native American Elders' Use Of Medical Care, Sandra Tibke

Theses and Dissertations

No abstract provided.

The Effect Of Supine Sleep Position On Speech-Language Development Of Infants Birth To Six Months Of Age, Justine E. Schumacher

Theses and Dissertations

No abstract provided.

Differences Of Opinion And The Cross Section Of Stock Returns, Karl B. Diether, Christopher J. Malloy, Anna Scherbina

Faculty Publications

We provide evidence that stocks with higher dispersion in analysts' earnings forecasts earn lower future returns than otherwise similar stocks. This effect is most pronounced in small stocks and stocks that have performed poorly over the past year. Interpreting dispersion in analysts' forecasts as a proxy for differences in opinion about a stock, we show that this evidence is consistent with the hypothesis that prices will reflect the optimistic view whenever investors with the lowest valuations do not trade. By contrast, our evidence is inconsistent with a view that dispersion in analysts' forecasts proxies for risk.

Peppering Knowledge Sources With Salt: Boosting Conceptual Content For Ontology Generation, Deryle W. Lonsdale, Yihong Ding, David W. Embley, Alan Melby

Faculty Publications

This paper describes work done to explore the common ground between two different ongoing research projects: the standardization of lexical and terminological resources, and the use of conceptual ontologies for information extraction and data integration. Specifically, this paper explores improving the generation of extraction ontologies through use of a comprehensive terminology database that has been represented in a standardized format for easy tool-based implementation. We show how, via the successful integration of these two distinct efforts, it is possible to leverage large-scale terminological and conceptual information having relationship-rich semantic resources in order to reformulate, match, and merge retrieved information of …

Durational Residency Requirements For In-State Tuition: Searching For Access To Affordable Higher Learning, Lawrence J. Conlan

UC Law Journal

With the annual costs of earning a college degree in the United States swelling, the relative lower cost of a public education is precious. State residents save thousands of dollars a year by enrolling at a public university in their home state. On the other hand, non-residents, even those who wish to become residents, must pay inflated "out-of-state" prices, while receiving the same education. While non-residents may eventually gain the benefits of residency, including reduced tuition rates, the cost differential until then is often substantial. In California, depending on a student's individual taxpayer status, an out-of-state student may never gain …

Outdoor Accessibility Requirements Of The Americans With Disabilities Act: Must Holders Of Conservation Easements Provide Ada Access?, Ellen Aubrey Fred

UC Law Journal

Conservation easements offer a unique way to preserve land in perpetuity while at the same time providing tax benefits to the landowner. Prior to the 1970s' Congressional enactment of the tax provision in question, one could not obtain a federal income tax deduction for a donation to a nonprofit organization of less than one's entire interest in real property. Internal Revenue Code section 170(h) modified that outcome by allowing a federal income tax deduction for a donation of a qualified conservation easement, and in its wake, a highly specialized movement was born. A landowner can now donate a partial interest …

Spectral Integration Of Microstructure And Design, Brent L. Adams, B. Henrie, M. Lyon, H. Garmestani, Surya R. Kalidindi

Faculty Publications

Support of the Army Research Office is greatly appreciated. Mechanical design can be conducted in a framework where consideration of microstructure as a continuous design variable is facilitated by the use of a Fourier space. Selection of the mechanical framework for the problem (e.g., mechanical constitutive model and homogenization relations) dictates the dimensionality of the pertinent microstructure representation. Microstructure is comprised of basic elements that belong to the local state space. Local state includes crystallographic phase and orientation, and other parameters such as composition. The local state space is transformed into an isomorphic set in Fourier space. The universe of …

Has The Lord Turned Bankrupt? The Attempted Sale Of The Nauvoo Temple, 1846-1850, Richard Bennett

Faculty Publications

If Joseph Smith had lived we should not have been here at this time. We should have been in some other country. We can't stay in this house but a little while. We have got to build another house. It will be a larger house than this, and a more glorious one. And we shall build a great many houses, we shall come back here and we shall go to Kirtland, and build houses all over the continent of North America. On 4 April 1999 Gordon B. Hinckley, President of The Church of Jesus Christ of Latter-day Saints, electrified millions …

How Long, Oh Lord, How Long? James E. Talmage And The Great War, Richard Bennett

Faculty Publications

What is it that is happening? A war greater in area and scale and more fearful in carnage, than any that has ever been since life on the round world began. Five months--no more--have passed since the first gun was fired, and already the list of men who were strong, healthy, capable, keen, five short months ago, and who are now stark in death, outnumbers anything of its kind in human history. And to reckon up the load of sheer blank sorrow in innumerable homes, and the actual but incidental war sufferings, short of death, or possibly worse than death, …

Legal Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

This article proposes that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this conventionalist concept of law in the sense that …

Intelligent Fault Tolerant Control Schemes For Autonomous Underwater Vehicles, Andrew Raymond Pearson

School of Engineering, Computing and Mathematics Theses

The area of autonomous underwater vehicles (AUVs) is an increasingly important area of research, with AUVs being capable of handling a far wider range of missions than either an inhabited underwater vehicle or a remotely operated vehicle (ROV). One of the major drawbacks of such vehicles is the inability of their control systems to handle faults occurring within the vehicle during a mission. This study aims to develop enhancements to an existing control system in order to increase its fault tolerance to both sensor and actuator faults. Faults occurring within the sensors for both the yaw and roll channels of …